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Hamilton, in the Federalist, shoots down Trump’s ‘emergency’

2 31 273
19.02.2019

President Trump’s assertion of supposed emergency powers to appropriate military money for a border wall runs directly afoul of the spirit and intended design of the Constitution.

This is important. Others like David French have convincingly and eloquently argued that Trump’s re-appropriation of taxpayer dollars runs afoul of specific provisions within the interplay between existing statutes and the Constitution. They are absolutely correct, but I'm making a different point.

Sometimes, political actors can get so caught up in legal technicalities, so insistent on parsing statutory exceptions, that they miss the importance of long-recognized, bedrock concepts of how our constitutional system is supposed to work. This is surely the case right now with Trump and his defenders.

The larger question to ask isn’t whether the president can find a way to “get away with it,” so to speak, but rather whether his actions are within........

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